Your Voice Join the conversation with other MPR listeners in the News Forum.

	E-mail this page			Print this page

Bill Janklow appeals conviction and sentence to South Dakota Supreme Court
by Cara Hetland, Minnesota Public Radio
March 2, 2004

Former South Dakota governor and congressman Bill Janklow is appealing his manslaughter conviction and a judge's refusal to let him out of jail, to the state Supreme Court. The judge ruled Tuesday, that Janklow has to stay in jail while his appeals make their way to the South Dakota Supreme Court.

Flandreau, S.D. — Former South Dakota governor and congressman Bill Janklow is appealing a judge's refusal to let him out of jail. The judge ruled Tuesday, that Janklow has to stay in jail while he appeals his manslaughter conviction to the South Dakota Supreme Court.

Bill Janklow was sentenced to 100 days in jail. But it's likely that his appeal will take much longer than that, to work its way through the court system. It will be a week before the South Dakota Supreme Court even receives the notice of appeal and the court file. Then, it will take three months before the appeal of his conviction even gets on a court calendar.

Appealing a case to the South Dakota Supreme Court is standard procedure because the state does not have an appellate court. Janklow's appeal focuses on specific actions by Moody County Circuit Court Judge Rodney Steel. Janklow questions the judge's instructions to the jury regarding medical evidence used in his defense. Janklow said he was having a diabetic reaction at the time of the accident and wasn't responsible for his actions.

Janklow also says his driving record should not have been introduced as evidence. A Sheriff's Deputy testified he stopped Janklow a year earlier for speeding at the same intersection. Janklow was going 98 miles an hour. A former trooper also testified Janklow was speeding in a construction zone near Rapid City.

Chris Hutton is a law professor at the University of South Dakota. She says most appeals focus on the decisions a judge makes during a trial.

"I think what they're saying is that, for example, the evidence of the prior acts (speeding citations) that was admitted by the judge, was admitted erroneously and contributed to the conviction," said Hutton. "That's why they're asking that the conviction be reversed, that is, that the jury had been given evidence to consider that it should not have been given."

Janklow was sentenced to 100 days in jail and three years probation. If he violates probation which includes not driving he could go to the state penitentiary. Janklow began serving his jail time on February 7th.

Judge Steele said in court letting Bill Janklow out of jail would make it harder for the victim's family and the public to move on. USD law professor Chris Hutton says every defendant has a right to appeal a conviction.

"Most appeals, even if they do involve an error, don't result in a reversal of a conviction," said Hutton. "Very often, the court says there was an error that was committed but it was harmless. So in this situation even if the Court decides there was an error at the trial level they would have the second question whether that error warrants reversal in this case."

Bill Janklow is appealing to Supreme Court justices he appointed. As governor, he named four of South Dakota's five justices. The fifth he appointed as a circuit court judge.

South Dakota does not have specific rules about when a judge must recuse himself from a case. When a justice does step aside, the Chief Justice appoints a circuit judge or a retired judge to fill the seat. South Dakota's Chief Justice David Gilbertson was appointed by Janklow in 1995.

News Headlines

Related Subjects